Jenkins v. Sherman

Citations

• 77 Miss. 884

Syllabus

<p>1. Promissory Notes. Legal title. Gua/rdian. Assignment.</p> <p>The legal title to a promissory note, made payable to the order of a designated person, is in the payee named, although he be designated as the guardian of another, whose name appears on the face of the note; and the payee may transfer such title to an indorsee.</p> <p>2. Same. Suit by indorsee.</p> <p>The holder of a promissory note who can trace to himself a clear legal title thereto, is entitled to sue upon it in his own name, although another may possess a beneficial interest in the money due upon it.</p> <p>3. Same. Code 1893, § 660.</p> <p>Under code 1893, § 660, so providing, tlie assignee of a chose in action may sue and recover thereon, in his own name, if the assignment he in writing.</p>